I copied and pasted this from md.
According to the current policies of the Department of Homeland Security it appears Victor had to be taken into custody for mandatory detention without bond if convicted of certain removable offenses after Oct. 8, 1998.
Not all immigrants are eligible for release from detention. Depending on your immigration status
and/or criminal record, you may be subject to mandatory detention. If you are not eligible for
bond, you will have to fight your removal from inside immigration detention.
I. MANDATORY DETENTION: The Immigration and Nationality Act and federal
regulations state that the government must take you into custody and hold you without bond if
you have been convicted of certain removable offenses and released from jail after October 8,
1998. If you were convicted of a removable offense but not sentenced to jail (for example if you
were sentenced to community service, probation, or a conditional discharge) you may still be
eligible for bond. If you think that you are entitled to bond, you must write to the immigration
court and ask for a “Joseph Hearing” where you can try to convince the judge that the mandatory
detention law does not apply to you.
Grounds for Mandatory Detention of Lawful Permanent Residents in the United States,
Persons Who Have Overstayed Their Visa, or Persons Who Have Been Lawfully Admitted
into the United States: If you are a lawful permanent resident or overstayed your visa or were
admitted into the United States in some manner, you may be subject to mandatory detention if
you were released from jail after October 8, 1998, and convicted of any of the following crimes
(these are explained in more detail in the section entitled Grounds of Removability Based on
* Two Crimes Involving Moral Turpitude (CIMT) at any time after your admission in the
* An aggravated felony;
* A controlled substance offense;
* A Firearms offense.
Grounds for Mandatory Detention for Lawful Permanent Residents Returning From a
Trip Abroad, Persons Who Entered Without Inspection (EWI), or Persons Seeking
Admission into the United States: If you are a lawful permanent resident returning from a trip
outside the United States or entered without inspection or are seeking admission into the United
States, you may be subject to mandatory detention if you were released from jail after October 8,
1998, and convicted of any of the following crimes. (These grounds are explained in more detail
in the section entitled Grounds of Removability Based on Criminal Convictions):
* One CIMT (which may be waived as a petty offense if you have no prior criminal history,
the offense was not punishable by more than one year in jail and you did not serve more
than six months in jail);
* Controlled substance offense;
* Drug trafficking offense;
* Two or more offenses with aggregate sentence of 5 years incarceration;
* Domestic violence or violation of protection order. http://www.shusterman.com/pdf/detention1004.pdf